2
General
2.1
Each of the functions in 3 –10 is a controlled function and a senior insurance management function.
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2.2
Senior insurance management function holders must each be approved by the PRA to perform the applicable senior insurance management function.
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2.3
- (1) A firm (other than a third country branch undertaking) must ensure that one or more persons performs each of the following senior insurance management functions on its behalf:
- (a) the Chief Executive function;
- (b) the Chief Finance function; and
- (c) the Chairman function.
- (2) If a vacancy arises in respect of one or more of the senior insurance management functions set out in (1), a firm must ensure that it appoints a person to fill that vacancy as soon as practicable.
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2.4
To the extent that:
- (1) a firm appoints a person to perform a key function which, but for this rule, would be a senior insurance management function;
- (2) the appointment is solely to provide cover for a senior insurance management function holder whose absence is:
- (a) temporary; or
- (b) reasonably unforeseen; and
- (3) the appointment is for less than 12 weeks in a consecutive 12-month period,
the description of the applicable senior insurance management function does not relate to those activities of that person.
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2.5
- (1) If, in relation to a firm, a senior insurance management function holder also performs FCA activities, performance of the senior insurance management function will include the performance of those FCA activities, provided the following conditions are met:
- (a) the PRA’s approval to perform that senior insurance management function has been granted and continues in force;
- (b) at the time of approval being granted by the PRA, that person was not subject to an FCA approval to perform the particular FCA governing function;
- (c) the firm made the notification required by SUP10A.11.12 R (4) of the FCA Handbook; and
- (d) that person performs and is continuing to perform the FCA activities.
- (2) If, in relation to a firm, a senior insurance management function holder has been performing FCA activities in the circumstances set out in (1), and that person:
- (a) ceases to perform the senior insurance management function;
- (b) within three months of ceasing performance, is approved to perform a new senior insurance management function at the firm; and
- (c) continues to perform the FCA activities,
- performance of the new senior insurance management function will include the performance of those FCA activities, provided the conditions in (1) (a) to (d) are met.
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2.6
If a senior insurance management function holder to whom 2.5 applies ceases to perform a senior insurance management function but continues to perform the FCA activities, 2.5(1) will continue to apply in respect of the performance of the FCA activities until the earlier of:
- (1) approval by the FCA in respect of the performance by that person of those FCA activities as an FCA governing function in relation to the firm; or
- (2) three months from the time that the person ceased to perform that senior insurance management function.
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